Common use of Election Form Clause in Contracts

Election Form. Not less than thirty (30) days prior to the anticipated Effective Time or on such other date as Parent and the Company mutually agree (the “Mailing Date”), the Company shall mail an election form and other appropriate and customary transmittal materials, in such form mutually acceptable to Parent and the Company (the “Election Form”), to each holder of record of shares of Company Common Stock (other than any Cancelled Shares and any Dissenting Shares) as of a record date that is five (5) Business Days prior to the Mailing Date or such other date as mutually agreed to by Parent and the Company.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Eldorado Resorts, Inc.), Agreement and Plan of Merger (CAESARS ENTERTAINMENT Corp)

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Election Form. Not less than thirty (30) days prior to the anticipated Effective Time or on such other date as Parent and the Company mutually agree (the “Mailing Date”), the Company shall mail an election form and other appropriate and customary transmittal materialsform, in such form mutually reasonably acceptable to Parent and the Company all parties (the “Election Form”), to each holder of record of shares of Company Common Stock (other than including any Cancelled Company Restricted Shares, Company Phantom Shares and Net Exercise Shares, but excluding any Dissenting Excluded Shares) as of a record date that is five (5) Business Days business days prior to the Mailing Date or such other date as mutually agreed to by Parent and (the Company“Election Form Record Date”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Energy Xxi (Bermuda) LTD)

Election Form. Not less than thirty (30) 30 days prior to the anticipated Effective Time or on such other date as Parent and the Company mutually agree (the “Mailing Date”), the Company shall mail an election form and other appropriate and customary transmittal materials, in such form mutually acceptable to Parent and the Company (the “Election Form”), to each holder of record of Company Common Shares (other than shares of Company Common Stock (other than any Cancelled Shares and any Dissenting Sharesdescribed in Section 2.01(a)) as of a record date that is five (5) Business Days prior to the Mailing Date or such other date as mutually agreed to by Parent and the Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Penn Virginia Corp)

Election Form. Not less than thirty (30) 30 days prior to the anticipated Effective Time or on such other date as Parent and the Company mutually agree (the "Mailing Date"), the Company shall mail an election form and other appropriate and customary transmittal materials, in such form mutually acceptable to Parent and the Company (the "Election Form"), to each holder of record of Company Common Shares (other than shares of Company Common Stock (other than any Cancelled Shares and any Dissenting Sharesdescribed in Section 2.01(a)) as of a record date that is five (5) Business Days prior to the Mailing Date or such other date as mutually agreed to by Parent and the Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Denbury Resources Inc)

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Election Form. Not less than thirty (30) days prior to the anticipated Effective Time or on such other date as Parent and the Company mutually agree (the “Mailing Date”), the Company shall mail an election form and other appropriate and customary transmittal materials, in such form mutually acceptable to as Parent and the Company shall specify (the “Election Form”), ) shall be mailed to each holder of record of shares of Company Common Stock (other than any Cancelled Shares and any Dissenting Shares) as of a record date that is five (5) Business Days business days prior to the Mailing Date or such other date as mutually agreed to by Parent and (the Company“Election Form Record Date”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Burlington Northern Santa Fe Corp)

Election Form. Not less than thirty (30) days prior to the anticipated Effective Time or on such other date as Parent and the Company mutually agree (the “Mailing Date”), the Company shall mail an election form and other appropriate and customary transmittal materialsform, in such form mutually reasonably acceptable to Parent and the Company all parties (the “Election Form”), to each holder of record of shares of Company Common Stock (other than including any Cancelled Company Restricted Shares, Company Phantom Shares and Net Exercise Shares, but excluding any Dissenting Excluded Shares) as of a record date that is five (5) Business Days prior to the Mailing Date or such other date as mutually agreed to by Parent and (the Company“Election Form Record Date”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Epl Oil & Gas, Inc.)

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